Testimony heard in fatal traffic crash case

Published
8:15 am EDT, Wednesday, October 5, 2011

Testimony began Tuesday in the case of a Midland man charged in connection with the death of his ex-wife in a 2009 traffic crash.

Lewis Clifton Henderson Jr., 55, faces one count of driving while intoxicated and causing the death of Kelly Shawn Deering, 49, Midland, when his Buick Regal went off the road and struck a railroad crossing signal post. Prosecutors allege Henderson was under the influence of marijuana and prescription medications at the time the crash occurred, while the defense contends Henderson swerved to avoid a deer. The trial is being overseen by Midland County Circuit Court Judge Jonathan E. Lauderbach.

Assistant Midland County Prosecutor Richard Dresser called nine witnesses, including three who saw the crash on Bay City Road occur on the night of Oct. 28, 2009, as well as a police officer, firefighters and paramedics who responded to the scene. Also shown were photos of the accident scene and a video from the patrol car of Midland Police Officer Bill Eickhoff as he interviewed Henderson and conducted sobriety tests.

Three witnesses -- driver Amy Lesniak-Foote, her 17-year-old daughter Victoria Foote, and driver Rebecca Sabourin -- testified that they were traveling west on Bay City Road a distance behind Henderson's car and watched it slowly drift from the left lane to the right lane and over the curb.

"There was no trying to miss it, to avoid it, anything like that," Lesniak-Foote said of the crash.

All three women said they did not see any brake lights or evasive action to avoid anything in the roadway, and none saw an animal or person run in front of the car, a point which defense attorney Jason Gower of Bay City took up by asking Lesniak-Foote and Sabourin if they expect they would have seen a deer in the dark. "It was pretty obvious," Sabourin said. Lesniak-Foote added there are street lights in the area.

Testimony from two MidMichigan Medical Center EMS paramedics and two Midland firefighters established that Deering was found unresponsive in the front passenger seat of Henderson's car in critical condition. She was taken to the hospital without regaining consciousness.

Gower asked all if they were familiar with the area the crash occurred, and if they could describe the area, which included some homes, a wooded area and a field in 2009.

Eickhoff testified that he arrived at the scene to find Henderson's white Buick Regal resting against the base of the railroad crossing signal post with severe damage to the front of the car. The post had been sheared off near the ground and was lying in the roadway.

Eickhoff said he spoke with Henderson twice at the scene. Henderson told the officer he was driving in the right lane and signaled to move into the left lane when a deer ran out from the north, causing him to swerve and hit the post.

Henderson told Eickhoff about his prescription medications, which set off "red flags" for the officer since they are narcotics. Eickhoff conducted two sobriety tests, asking Henderson to recite the alphabet and touch the tips of his fingers while counting one through four from pointer to pinky fingers and back three times. Henderson inserted a letter "u" after the letter "q" then continued on correctly, and was not able to complete the fingertip test. Henderson also voluntarily submitted to a blood draw, which resulted in the finding his prescription medications oxycodone, methadone and Xanax, as well as of the active component of marijuana, called THC.

The trial continued this morning with testimony from forensic pathologist Kanu Virani and Gower's cross examination of Eickhoff.